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A New Year Resolution

The justification for this notion (that the State should be favoured) is the supposed need for certainty in public administration. This is a peculiar idea in this context; Prohibition, Mandamus, Quo Warranto or Certiorari do not present opportunity for an appeal. They challenge the legal base of the administrative action, not the correctness of the decision. A judge is not asked in these applications to substitute his/her view for that of the Executive. The judge is asked to check a legal error.

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